ex's new child effecting child support??

[amyjrn]

What is the name of your state (only U.S. law)? TX

So my ex is remarried and his new wife is pregnant. I fully understand that if they get divorced this could lower my child support order.

However, he has been threatening to take me back court to have his child support lowered based on his "claimed income". He is self employed.....you guys know how that goes for us CPs. My lawyer says not to worry because I have recent emails from saying "you think I'm making all this money but I still making about the same as I made working at....so and so". As well as evidence of multiple vacations, autos, ect....

However, if he did try this bs could him having another child effect my support order if they are married?

Sorry if this is a dumb question.

ThanksWhat is the name of your state (only U.S. law)?

Also, if he does try to lower his CS based on the new baby....I have actually increased my coverage to include the expensive detal plan because i knew she was going to get braces this year. She also needs contacts and glasses....so that would increase the CS by about $50 every 2 weeks, So I'm not really to worried about it.

 

[garrula lingua]

Child support goes down to 17.5% of his net income (from 20%) if he has one other child.

It does not matter if he is married to the mother.
Most c/s Judges give credit if he testifies that is his biological child & is in the household. A few Judges require a birth certificate or Acknowledgment of Paternity or Paternity Order to give credit for another child.

Net income is based on the Attorney General's tax charts, in the Family Code. It is gross income, less Federal Income Tax, less FICA, and less the cost of health insurance for the child only (up to 9% of his gross income, and divided by the number of children covered).
If there are mandatory union dues or state income taxes, from another state, they are also deducted.

 

[nextwife]

"Evidence of vacation and cars" does not necessarily mean increased or even same income. We own (used) cars I mostly purchased with premarital funds, for example. We've taken vacations through a friend who is an IT guy at a national travel company and occasionally gets these super cheap "family and friends" offers on under booked charters. Unless they are taking elaborate pricey vacations frequently (that wife couldn't have been paying for) simply taking vacations isn't proof one is still earning as much money.

 

[amyjrn]

The wife doesn't work....and they have been on 4 trips (1 cruise) in the previous 10 months. And he brags on facebook about his $4500 rims he put on his brand new $50,000 truck....but he can't afford his child's braces?

I can only be mad at myself. I knew he was a douche when I married him

 

[mistoffolees]

The wife doesn't work....and they have been on 4 trips (1 cruise) in the previous 10 months. And he brags on facebook about his $4500 rims he put on his brand new $50,000 truck....but he can't afford his child's braces?

None of that proves anything. If you think he's lying about his reported income (and have evidence to support that thought), then you could ask for re-evaluation and subpoena all his records.

But your suspicion is useless.

 

[LdiJ]

None of that proves anything. If you think he's lying about his reported income (and have evidence to support that thought), then you could ask for re-evaluation and subpoena all his records.

But your suspicion is useless.

While most of the time Facebook stuff is fairly useless, I have seen a few judges consider that kind of facebook bragging to be sufficient to order a deeper investigation into an NCP's finances.

Heck, I have even seen a couple of judges order the parties to produce the application they used to get the car loan for an expensive car in a situation where they are self employed and possibly cooking their books.

 

[amyjrn]

I know how his business runs. He gets paid a lot in cash and when he gets a check he goes and cashes it at their bank. I know he gives out fake SS#s for tax reasons. I really can't afford an expensive forensic accountant right now. The bottom line is that I make a good living and my kids will never go without weather he pays or not....and he knows that. He knows that I will go pick up extra shifts if I need extra money for the kids. His mentatlity is "if the kids aren't hurting then why should I pay all this money." When in reality I have taken about 50% of what he has paid and put it in savings. It's really more about the principle of it that the actual doller amount. And it does make me sad for the mothers that really need that money to buy groceries so I shoud just quit my bitiching.

He quit at $60000/yr job to do what he is doing now....my lawer says she knows this judge very well and if tries to play the poor little me I'm not making that much money anymore that the judge will tell him to get another job. So I'm not to worried. Thanks for all the info and support.